An issue of fact arises: (1) whenever a material allegation in the complaint is controverted by the answer; and (2) whenever the answer contains new matter which raises questions of fact and not merely an issue of law.
Mont. Code Ann. § 25-31-802, under Trial.
Mont. Code Ann. § 25-31-802
An issue of fact arises: (1) whenever a material allegation in the complaint is controverted by the answer; and (2) whenever the answer contains new matter which raises questions of fact and not merely an issue of law.